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U.S. v. POWER ENGINEERING CO.

No. 98-1273.

191 F.3d 1224 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. POWER ENGINEERING COMPANY; Redoubt, Ltd.; and Richard J. Lilienthal, Defendants-Third-Party Plaintiffs-Appellants, v. Jack Lilienthal, Third-Party-Defendant.

United States Court of Appeals, Tenth Circuit.

September 8, 1999.

Attorney(s) appearing for the Case

John F. McBride (John J. Zodrow with him on the briefs), Zodrow et al. P.C., Denver, Colorado, for Defendants-Appellants.

Greer Goldman, Department of Justice, Washington, D.C. (Lois J. Schiffer, Assistant Attorney General, Henry L. Solano, United States Attorney, Stephen D. Taylor, Assistant United States Attorney, Denver, Colorado; John A. Bryson, John N. Moscato, Lisa E. Jones, Attorneys, Department of Justice, Washington, D.C.; and Thomas Sitz, General Counsel for Office of Enforcement, Compliance and Environmental Justice, Environmental Protection Agency, Denver, Colorado, with him on the briefs), for Plaintiff-Appellee.

Before EBEL, MAGILL and LUCERO, Circuit Judges.

EBEL, Circuit Judge.

Plaintiff-Appellee United States, acting on behalf of the Environmental Protection Agency ("EPA"), sought a mandatory preliminary injunction directing Defendant-Appellants Power Engineering Company ("PEC"), Redoubt, Ltd., and Richard J. Lilienthal (collectively, "Defendants"), to comply with the financial assurance regulations adopted by the Colorado Department of Public Health and Environment ("CDPHE") under authority delegated to Colorado by...

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